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Cybersecurity

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Cybersecurity

€40.00


Law and Regulation
Uchenna Jerome Orji
Pages: 678 pages
Published: 09-2012
Publisher: WLP
Language: US
ISBN (softcover) : 9789058508577

 

This book is an attempt to discuss the legal and regulatory aspects of cybersecurity. The book examines international, regional and national regulatory responses to cybersecurity. It particularly examines the response of the United Nations and several international organizations to cybersecurity. It provides an analysis of the Council of Europe Convention on Cybercrime, the Commonwealth Model Law on Computer and Computer Related Crime, the Draft International Convention to Enhance Protection from Cybercrime and Terrorism and the Draft Code on Peace and Security in Cyberspace. The book further examines policy and regulatory responses to cybersecurity in the United States, the United Kingdom, Singapore, India, China and Russia. It also examines the African Union’s regulatory response to cybersecurity and renders an analysis of the Draft African Union Convention on the Establishment of a Credible Legal Framework for Cybersecurity in Africa. It considers the development of cybersecurity initiatives by the Economic Community of West African States, the Southern African Development Community and the East African Community. The book further provides an analysis of national responses to cybersecurity in South Africa, Botswana, Mauritius, Senegal, Kenya, Ghana and Nigeria. It also examines efforts to develop policy and regulatory frameworks for cybersecurity in sixteen other African countries (Algeria, Angola, Cameroon, Egypt, Ethiopia, Gambia Lesotho, Morocco, Namibia, Niger, Seychelles, Swaziland, Tanzania, Tunisia, Uganda and Zambia). Nigeria is used as a case study to examine the peculiar causes of cyber-insecurity and the challenges that hinder the regulation of cybersecurity in African states as well as the implications of poor cybersecurity governance on national security, economic development, international relations, human security and human rights. The book suggests several policy and regulatory strategies to enhance cybersecurity in Africa and the global information society with emphasis on the collective responsibility of all states in preventing trans-boundary cyber harm and promoting global cybersecurity. This book will be useful to policy makers, regulators, researchers, lawyers, IT professionals, law students and any person interested in seeking a general understanding of cybersecurity governance in developed and developing countries.

About the Author
Uchenna Jerome Orji is a Barrister and Solicitor of the Supreme Court of Nigeria. He holds a Bachelor of Laws (LL.B) honours Degree from the University of Nigeria and a Masters of Laws (LL.M) Degree from the University of Ibadan, Nigeria with a research specialization in Information Technology Law. He is also a Consultant to the African Center for Cyber Law and Cybercrime Prevention (ACCP) of the United Nations, African Institute for the Prevention of Crime and the Treatment of Offenders, Kampala, Uganda.





Summary of contents with highlights and jurisdictions covered

 
Chapter One:
An Introduction to Cybersecurity and Regulation
Contents of the chapter include discussions on:
§ The information revolution, the history of computers and the emergence of the information society;
§ The definitions of cybersecurity and cybercrime;
§ Telecommunications security, data protection, information security and the protection of critical infrastructures/critical information infrastructures;
§ Confidentiality, integrity, availability and accountability;
§ Critical components of cybersecurity governance - legal aspects,     technical aspects, institutional/organizational aspects, computer emergency response teams (CERTs), End-user education, research and development;
§ Unauthorized access (Hacking), unauthorized interception, data interference, system interference, data espionage, child pornography, cyber xenophobism, spam mails, misuse of computing devices, identity theft, cyber-squatting, web hijacking, copyright infringements, computer related forgery, computer fraud, and the liability of Internet Service Providers;
§ Cyber Terrorism, Cyber Warfare, Cyber Arms Control and Cyber Deterrence; and;
§ The implications of cybersecurity to national security, economic security, human rights and human security.

Chapter Two:
International Responses and Legal Measures on Cybersecurity
The chapter discusses the responses of international and multilateral organizations to cybersecurity including:
§ United Nations resolutions on cybersecurity;
§ The International Telecommunications Union (ITU);
§ The World Summit on the Information Society (WSIS);
§ The ITU High Level Expert Group (HLEG) on Cybersecurity;
§ The Group of Eight (G8);
§ The Interpol;
§ The Council of Europe;
§ European Union (EU);
§ The Asian Pacific Economic Cooperation (APEC);
§ The Organization for Economic Cooperation and Development (OECD);
§ The Commonwealth;
§ The Organization of American States (OAS);
§ The Association of South-East Asian Relations (ASEAN);
§ The North Atlantic Treaty Organization (NATO);
§ The Arab League and Gulf Cooperation Council;
§ The Stanford Proposal;
§ The Global Protocol on Cybersecurity and Cybercrime;
§ The International Multilateral Partnership Against Cyber Threats (IMPACT);
§  An analysis of the Council of Europe Convention on Cybercrime;
§ An analysis of the Commonwealth Model Law on Computer and Computer Related Crime;
§ An analysis of the Draft International Convention to Enhance Protection from Cybercrime and Terrorism;
§ An analysis of the Draft Code on Peace and Security in Cyberspace; and;
§ The limitations of international responses and legal measures on cybersecurity.

Chapter Three:
National Regulatory Responses to Cybersecurity in Select Jurisdictions
The chapter examines regulatory and policy frameworks for cybersecurity in the following countries:
§ The United States of America
The Computer Fraud and Abuse Act
The CAN – SPAM Act
The Digital Millennium Copyright Act
The Economic Espionage Act
The Electronic Communications Privacy Act
The Wire Fraud Act
The United States PATRIOT Act
The Federal Information Security Management Act
The Cyber Security Research and Development Act
The Department of Homeland Security
The United States Computer Emergency Readiness Tem
The National Strategy to Secure Cyberspace
The Comprehensive National Cybersecurity Initiative
The Cyberspace Policy Review
The United States International Strategy for Cyberspace
The United States International Cybercrime Reporting and Cooperation Bill
§ The United Kingdom
The Computer Misuse Act
The Terrorism Act
The Counter-Terrorism Act
The Regulation of Investigatory Powers Act
The Fraud Act
The Police and Justice Act
The Serious and Organized Crime Agency (SOCA)
The Communications Electronics Security Group (CESG)
The UK Computer Emergency Response Team (GovCertUK )
The Center for the Protection of National Infrastructure (CPNI)
The Office of Cyber Security
The Cyber Security Operations Centre
The Internet Watch Foundation (IWF)
The Cyber Security Strategy of the United Kingdom
§ Singapore
The Computer Misuse Act of Singapore
The Spam Control Act of Singapore
The Infocomm Security Master Plan 2
The National Trust Framework (NTF)
§ India
The Indian Information Technology Act
The Information Technology (Guidelines for Cyber Cafe) Rules 2011
The Department of Information Technology
The Indian Computer Emergency Response Team
The National Nodal Agency
The Indian Cybersecurity Strategy
§ The People’s Republic of China
The Computer Information Network and Internet Security, Protection and Management Regulations
The Chinese Regulations on Safeguarding Computer Information Systems
The State Secrecy Protection Regulations for Computer Information Systems on the Internet
The Criminal Law of the People’s Republic of China
China’s National Defense Strategy 2010
§ The Russian Federation
The Criminal Code of the Russian Federation
The Law of the Russian Federation on the Legal Protection of Computer Programmes and
Data Bases
The Russian Information Security Doctrine
Russia and the Council of Europe Convention on Cybercrime
§ The chapter also analyses some major regulatory challenges to cybersecurity in both developed and developing countries

Chapter Four:
Multilateral Regulatory Responses to Cybersecurity in Africa
The chapter discusses multilateral regulatory responses to cybersecurity in Africa including:
§ The African Union (AU)
§ An analysis of the Draft African Union Convention on the Establishment of a Credible Legal Framework for Cybersecurity in Africa and some perceived problems of the Draft Convention
§ The Economic Community of West African States (ECOWAS)
§ The Southern African Development Community (SADC)
§ The East African Community (EAC) 

Chapter Five:
Cases Studies of National Regulatory Responses to Cybersecurity in African States
The chapter examines regulatory and policy responses to cybersecurity in the following African countries:
§ Algeria
The Algerian Cybercrime Act 2008
§ Angola
The Basic Telecommunications Law 2001
§ Botswana
The Cybercrime and Computer Related Crimes Act 2007
§ Cameroon
The Cybercrime Act 2011
§ Egypt
The E-Signature Law 2004
§ Ethiopia
The Criminal Code of the Federal Republic of Ethiopia 2004
§ Gambia
The Information and Communications Act 2009
§ Ghana
The Electronic Transactions Act 2008
The National Information Technology Agency Act 2008
§ Kenya
The Communications (Amendment) Act 2009
The Information and Communications Technology Policy
§ Lesotho
The ICT Policy 2005
§ Mauritius
The Computer Misuse and Cybercrime Act 2003
§ Morocco
The Penal Code 2003
§ Namibia
The Computer Misuse and Cybercrime Act 2003
§ Niger
The Cybercrime Law 2003
§ Senegal
The Law on Cybercrime 2008
§ Seychelles
The Computer Misuse Act 1998
The Data Protection (Amendment) Act 2003
§ South Africa
The Electronic Communications and Transactions Act 2002
The Interception and Monitoring Prohibition Act 1992
The Draft Cybersecurity Policy of South Africa 2010
§ Kingdom of Swaziland
Kingdom of Swaziland National Information and Communication Infrastructure (NICI) Policy 2003
§ Tanzania
National Information and Communications Technology Policy 2003
§ Tunisia
The Cybercrime Act 1999
§ Uganda
The Computer Misuse Bill
§ Zambia
The Computer Misuse and Crimes Act 2004

Chapter Six:
Cybersecurity Law and Regulation in Nigeria
The chapter examines regulatory and policy responses to cybersecurity in Nigeria, including analysis and discussions of the following:
§ The Advance Fee Fraud and other Fraud Related Offences Act;
§ The Nigerian Communications Act;
§ The Nigerian National Policy for Information Technology;
§ The Presidential Committee on 419 Activities in the Cyberspace;
§ The Nigerian Cybercrime Working Group;
§ The Directorate for Cybersecurity;
§ The Economic and Financial Crimes Commission (EFCC);
§ The National Information Technology Development Agency;    
§ The Computer Security and Critical Information Infrastructure Protection Bill;
§ The Nigerian Cybersecurity and Data Protection Agency Bill;
§ The peculiar causes of cyber-insecurity and the regulatory challenges of cybersecurity in
Nigeria; and
§ The implications of cyber(in)security on national security, human security, human rights, international relations and economic development in Nigeria.

Chapter Seven:
Policy and Regulatory Proposals to Enhance Cybersecurity
The chapter includes highlights and discussions of the following:
§ A summary of national regulatory responses to cybersecurity in African countries;
§ Policy and regulatory proposals to enhance cybersecurity in Africa countries;
§ Policy and regulatory proposals to enhance global cybersecurity; and
§ Proposals towards enhancing the collective responsibility of states for global cybersecurity